AGREEMENT BETWEEN USER AND WCSX
The WCSX Web Site is comprised of various Web pages operated by WCSX.
The WCSX Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the WCSX Web Site constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
WCSX reserves the right to change the terms, conditions, and notices under which
the WCSX Web Site is offered, including but not limited to the charges
associated with the use of the WCSX Web Site. Your continued use of the WCSX Web
Site following the posting of any changes to these Terms of Use constitutes your
acceptance of such changes.
LINKS TO THIRD PARTY SITES
The WCSX Web Site may contain links to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of WCSX and WCSX is not responsible for
the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. WCSX is not
responsible for webcasting or any other form of transmission received from any
Linked Site. WCSX is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by WCSX of the site or any
association with its operators.
LINKS TO THE WCSX SITE
Generally, WCSX does not mind if you have a text link from your web site to the
WCSX Web Site. However, you may not frame or “mirror” the WCSX Web Site or
incorporate pieces of it into a different web site or product. Links to the WCSX
Web Site must clearly identify WCSX as the source of information displayed and
preserve the integrity of WCSX web pages without alteration. Further, you may
not link to the WCSX Web Site if you create or post any illegal, obscene or
offensive content, or if the link in any way has a negative impact on our
reputation.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the WCSX Web Site, you warrant to WCSX that you
will not use the WCSX Web Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the WCSX Web Site in any
manner which could damage, disable, overburden, or impair the WCSX Web Site or
interfere with any other party's use and enjoyment of the WCSX Web Site. You may
not obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the WCSX Web Sites.
USE OF COMMUNICATION SERVICES
The WCSX Web Site may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"). You agree to
use the Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication Service. By
way of example, and not as a limitation, you agree that when using a
Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy or publicity) unless you own or control
the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Services.
Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations.
WCSX has no obligation to monitor the Communication Services. However, WCSX
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. WCSX reserves the right to
terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
WCSX reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole
or in part, with or without notice, in WCSX's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. WCSX does not control or
endorse the content, messages or information found in any Communication Service
and, therefore, WCSX specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized WCSX spokespersons,
and their views do not necessarily reflect those of WCSX.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MARKETING VIA MOBILE DEVICES
If you register for WCSX wireless and mobile services, you acknowledge,
understand and agree that you will be charged by your wireless carrier for all
messages sent to you from WCSX. Standard messaging rates will apply, unless
noted otherwise. Under no circumstances will WCSX, its parent companies or any
of its affiliates be responsible for any wireless email or text messaging
charges incurred by you or by a person that has access to your wireless device,
telephone number, or email address. You understand, acknowledge and agree that
WCSX may, at its sole discretion and without liability to you, terminate its
offer of any specific wireless service or all wireless services at any time
without advance notice. WCSX may provide notice of terminations or changes in
services on this website.
MATERIALS PROVIDED TO WCSX OR POSTED AT ANY WCSX WEB SITE
WCSX does not claim ownership of the materials you provide to WCSX (including
feedback and suggestions) or post, upload, input or submit to any WCSX Web Site
or its associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting
WCSX, its affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. WCSX is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in WCSX's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE WCSX WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WCSX AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WCSX WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE WCSX WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
WCSX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WCSX WEB SITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WCSX AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WCSX AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE WCSX WEB SITE, WITH THE DELAY OR INABILITY TO
USE THE WCSX WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE WCSX WEB SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE WCSX WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF WCSX OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE WCSX WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WCSX WEB SITE.
SERVICE CONTACT :
privacy@greatermediadetroit.com
TERMINATION/ACCESS RESTRICTION
WCSX reserves the right, in its sole discretion, to terminate your access to the
WCSX Web Site and the related services or any portion thereof at any time,
without notice.
PROPRIETARY RIGHTS:
You acknowledge and agree that the content and materials available on the WCSX
Web Site, including without limitation all text, graphics, user interfaces,
visual interfaces, photographs, trademarks, logos, taglines, video media,
artwork, design, structure, selection, coordination, expression, “look and feel”
and the arrangement thereof, are protected by copyrights, trademarks, service
marks or other proprietary rights and laws. You agree not to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, compile or create derivative works from such
content or materials. Use of the content or materials for any purpose not
expressly permitted in these Terms of Use is prohibited. You acknowledge and
agree that the unauthorized use of the contents and materials on the WCSX Web
Site could cause irreparable harm to WCSX and that in the event of such
unauthorized use, WCSX shall be entitled to an injunction in addition to any
other remedies available at law or in equity.
Documents available on the WCSX Web Site may be copied for personal use only on
the condition that copyright and source indications are also copied, no
modifications are made, and the document is copied entirely. However, some
documents, photos, and other content may have been published on the WCSX Web
Site with the permission of the relevant copyright owners (who are not WCSX).
All rights in such documents, photos, and other content are reserved to their
owners, and permission to copy or otherwise exploit them must be requested and
obtained directly from the copyright owners.”
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on the WCSX Web
Site in a way that constitutes copyright infringement, please provide the
following information to WCSX:
• an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on
the Site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
Please send such notice to the following Designated Agent:
WCSX
Attn: General Counsel
35 Braintree Hill Park, Suite 300
Braintree, MA 02184
copyrights@greatermedia.com
Counter-Notice
If you believe that your user submission that was removed (or to which access
was disabled) is not infringing, or that you have the authorization from the
copyright owner, the copyright owner’s agent, or pursuant to the law, to post
and use the content in your user submission, you may send a counter-notice
containing the following information to WCSX:
• Your electronic or physical signature;
• A description of the content that has been removed or to which access has been
disabled;
• A description of where the allegedly infringing material is located on the
website;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the content was
removed or disabled as a result of mistake or a misidentification of the
content; and
• A statement by you made, under the penalty of perjury, that the above
information in your counter-notice is accurate and that you have authorization
from the copyright owner, the copyright owner’s agent, or pursuant to the law to
post and use the content in your user submission.
Please send such notice to the following Designated Agent:
WCSX
Attn: General Counsel
35 Braintree Hill Park, Suite 300
Braintree, MA 02184
copyrights@greatermedia.com
Reporting Copyright
Infringement
If a counter-notice is received by WCSX, WCSX may send a copy of the
counter-notice to the original complaining party informing that person that it
may restore the removed content or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order against the
member or user, the removed content may be restored, or access to it restored,
in 10 to 14 business days or more after receipt of the counter-notice, at the
sole discretion of WCSX.
GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws
of State of Michigan, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in Detroit, Michigan, U.S.A. in all disputes
arising out of or relating to the use of the WCSX Web Site. Use of the WCSX Web
Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and WCSX as a result of this agreement or use of
the WCSX Web Site. WCSX's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in derogation
of WCSX's right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the WCSX Web Site or information
provided to or gathered by WCSX with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and WCSX with respect to the
WCSX Web Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and WCSX with
respect to the WCSX Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish of the parties that this agreement and all related documents be drawn up in
English.
Privacy Statement
WCSX is committed to protecting your privacy and
developing technology that gives you the most powerful
and safe online experience. This Privacy Statement
applies to the WCSX Web site and governs data collection
and usage. By using the WCSX website, you consent to the
data practices described in this statement.
Collection of your Personal Information
WCSX collects personally identifiable information, such
as your e-mail address, name, home or work address or
telephone number. WCSX also collects anonymous
demographic information, which is not unique to you,
such as your ZIP code, age, gender, preferences,
interests and favorites.
There is also information about your computer hardware
and software that is automatically collected by WCSX.
This information can include: your IP address, browser
type, domain names, access times and referring Web site
addresses. This information is used by WCSX for the
operation of the service, to maintain quality of the
service, and to provide general statistics regarding use
of the WCSX Web site.
Please keep in mind that if you directly disclose
personally identifiable information or personally
sensitive data through WCSX public message boards, this
information may be collected and used by others. Note:
WCSX does not read any of your private online
communications.
WCSX encourages you to review the privacy statements of
Web sites you choose to link to from WCSX so that you
can understand how those Web sites collect, use and
share your information. WCSX is not responsible for the
privacy statements or other content on Web sites outside
of the WCSX and WCSX family of Web sites.
Use of your Personal Information
WCSX collects and uses your personal information to operate the WCSX Web site
and deliver the services you have requested. WCSX also uses your personally
identifiable information to inform you of other products or services available
from WCSX and its affiliates. WCSX may also contact you via surveys to conduct
research about your opinion of current services or of potential new services
that may be offered.
WCSX does not sell, rent or lease its customer lists to third parties. WCSX may,
from time to time, contact you on behalf of external business partners about a
particular offering that may be of interest to you. In those cases, your unique
personally identifiable information (e-mail, name, address, telephone number) is
not transferred to the third party. In addition, WCSX may share data with
trusted partners to help us perform statistical analysis, send you email or
postal mail, provide customer support, or arrange for deliveries. All such third
parties are prohibited from using your personal information except to provide
these services to WCSX, and they are required to maintain the confidentiality of
your information.
WCSX does not use or disclose sensitive personal information, such as race,
religion, or political affiliations, without your explicit consent.
WCSX keeps track of the Web sites and pages our customers visit within WCSX, in
order to determine what WCSX services are the most popular. This data is used to
deliver customized content and advertising within WCSX to customers whose
behavior indicates that they are interested in a particular subject area.
WCSX Web sites will disclose your personal information, without notice, only if
required to do so by law or in the good faith belief that such action is
necessary to: (a) conform to the edicts of the law or comply with legal process
served on WCSX or the site; (b) protect and defend the rights or property of
WCSX; and, (c) act under exigent circumstances to protect the personal safety of
users of WCSX, or the public.
Use of Cookies
The WCSX Web site uses "cookies" to help you personalize your online experience.
A cookie is a text file that is placed on your hard disk by a Web page server.
Cookies cannot be used to run programs or deliver viruses to your computer.
Cookies are uniquely assigned to you, and can only be read by a web server in
the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to
save you time. The purpose of a cookie is to tell the Web server that you have
returned to a specific page. For example, if you personalize WCSX pages, or
register with WCSX site or services, a cookie helps WCSX to recall your specific
information on subsequent visits. This simplifies the process of recording your
personal information, such as billing addresses, shipping addresses, and so on.
When you return to the same WCSX Web site, the information you previously
provided can be retrieved, so you can easily use the WCSX features that you
customized.
You have the ability to accept or decline cookies. Most Web browsers
automatically accept cookies, but you can usually modify your browser setting to
decline cookies if you prefer. If you choose to decline cookies, you may not be
able to fully experience the interactive features of the WCSX services or Web
sites you visit.
Marketing Via Mobile Devices
WCSX may provide commercial marketing and advertising opportunities,
contests/sweepstakes, and alerts for news, sports, and weather delivered via
mobile devices. You must subscribe to a mobile service or request that we send
such information to you via a text message or a wireless voice call. Depending
on the type of mobile subscription service, you will be asked to submit your
name, age or date of birth, mobile telephone number, and/or standard email
address. WCSX does not request submission of a wireless email address and if we
collect such information inadvertently for a marketing or advertising
opportunity, we will attempt to notify you and request a standard mobile
telephone number that does not have a wireless domain name attached to it. You
have the right to opt-out of any mobile service in the same manner in which you
registered or by notifying us at privacy@greatermediadetroit.com.
Security of your Personal Information
WCSX uses commercially reasonable efforts to secure your personal information
from unauthorized access, use or disclosure. WCSX secures the personally
identifiable information you provide on computer servers in a controlled, secure
environment, protected from unauthorized access, use or disclosure. When
personal information (such as a credit card number) is transmitted to other Web
sites, it is protected through the use of industry-standard encryption, such as
the Secure Socket Layer (SSL) protocol. Unfortunately, no data transmission over
the Internet can be guaranteed to be 100% secure. As a result, while we strive
to protect your personal information, WCSX cannot ensure or warrant the security
of any information you transmit to us, and you do so at your own risk.
Children
WCSX does not solicit any personal information from children under the age of
13. WCSX encourages families to obtain additional information about safe use of
the Internet at
http://www.ftc.gov/kidzprivacy/.
Changes to this Statement
WCSX will occasionally update this Privacy Statement to reflect company and
customer feedback. WCSX encourages you to periodically review this Statement to
be informed of how WCSX is protecting your information. Your continued use of
the WCSX Web Site following the posting of any changes to this Statement
constitutes acceptance of those changes.
Contact Information
WCSX welcomes your comments regarding this Privacy Statement. If you believe
that WCSX has not adhered to this Statement, please contact WCSX at privacy@greatermediadetroit.com.
We will use commercially reasonable efforts to promptly determine and remedy the
problem.